If these changes are endorsed, are they likely to become law next year? Also other proposed changes seem aimed at bringing about the end of TUPE as we know it (since 2006) because workers will be offered another contract if business is sold or privatised but they will no longer be guaranteed exactly the same condition (salary, holiday and other benefits, I assume) Is that likely to be introduced next year as well?

Well done! You showed 'em!:whoo::whoo::whoo: :whoo::whoo::whoo:

Big organisation that never offers compromise but prefers to use up tax payer's money defending lies. The lies and the stink of the internal process promted him to pay out a few K. Employer very confident that this would never get to ET but he has managed to get full discloslure and their statements out of them so I consider that a bit of a victory in itself. Solicitor seems good on disability but does not seem to know much about victimisation. The impression I get it that it is not argued all that often except in the context of trade union activity.

Yes that is good. I thought he might have to pay because the Tribunal time was booked. He is back at work but redeployed until after ET. Can he be forced to work for managers involved if ET postponed. Can the Respondent claim costs for postponement because extra medical evidence introduced?

He has seen another medical expert but has not had the report yet. The solicitor says that the Tribunal would consider the report but that the case might be postponed. If that happens I fear that he will owe the solicitor for the hearing days as the hearing is scheduled for May 10th and then have to pay for another Tribunal. This is really too pricey for an ordinary worker.

You are correct but the Tribunal always follows the medical experts. My mate is suffering and nobody disputes that but the evidence is saying that it is not substantial.

He has seen a solicitor who told him that if the disability discrimination reasonable adjustments is lost there is not much left The two protected acts are the grievance and the ET claim, which should meet the definition above but solicitor says that it is really hard to get to second stage (is that the reverse burden of proof?) on victimisation claims. Sollicitor also says that victimisation claims are small and that bloke might have to pay costs if her pursues the disability claim on weak medical evidence. What do you think?

You're a reallynicewoman reallymadwoman.

Thanks reallymadwoman I find that site a bit hard to comprehend but I will try. So can you be victimised without having a protected characteristic? Does illness count if it does not match the definition of disability? This stuff is really complex

Thanks for the reply Becky. I have not seen much about it either. I have seen cases were Claimants were awarded compensation for being dragged through a sham grievance process but the main part of the case was either unfair dismissal or some sort of discrimination.

A coworker has made a claim for disability discrimination and failure to make reasonable adjustments. He also claimed for lost wages because he was forced onto sick leave after he raised a grievance and employer would not let him back to work when he produced a fit note. There were some adjustments on the fit note. They delayed his return for more than 8 months and he had threats from their lawyer because of the ET claim. He is worried about costs but I told him that even if he is not found disabled costs are unlikely. Is that true? The question he asked me was "Is the Tribunal likely to award him any compensation for the victimisation if the Tribunal find that he is not disabled.?" He has claimed victimisation after a grievance and an ET claim. He got an expert report but it is not very good and might not hold up and he cannot afford to pay for any more medical evidence. He has a back problem and is in pain all the time. He can walk but he cannot run or make a lot of other stretching movements with his legs.

I know that this is awful for her but her case for full pay is strengtening as it is their failure to supply adjustments that is keeping her from earning a living. I have forgotten the details - she has an ET calim in already?

What about writing to them to get a date for the availability of the equipment. In the same letter, express appreciation of their willingness to change her hours but point out that working weekends would increase her workload. Then give details of the hours that would suit her best. All very cordial in tone but used as a means to show that she is trying civilly to negotiate adjustments.

I am glad that the siuation has been resolved. However, i fully appreciate your position as I have been run out of a job myself and it was a really depressing experience. You should congratulate yourself for taking a stand for, while you have not gained from this, I believe that you have done your best to protect other workers from the same type of discrimination. What happened to you was plainly wrong and I admire the way you took a stand against it. All the best for the future.

In your second claim you could include detriment after making a protected disclosure (if your grievance was about harassment it would be a protected disclosure) and victimisation after doing a Protected Act - unfair consideration of grievance because you lodged an ET claim. The timing of these things are crucial so let us know the dates Sick leave Dismissal Lodgement of ET claim Your grievance Your grievance outcome